Senator Kerry's May 30 Letter to FCC Chairman Powell

Dear Chairman Powell:

I am writing in regard to the Federal Communication Commission's review of media ownership rules and its implementation of the Telecommunications Act of 1996. As the Commissioners are well aware, these rules greatly influence the competitive structure of the industry and protect the public's access to multiple sources of information and media. It is the Commission's responsibility to ensure that the rules serve our national goals of diversity, competition and localism in media. In light of this, I want to raise some specific concerns over proposals to loosen ownership restrictions and the Commission's rulemaking process.

The television industry is undergoing rapid consolidation as a handful of national networks have acquired local stations across the country. I am concerned that when local stations are purchased by a national network, local and independent voices are lost in the media marketplace. Locally owned and operated stations are more likely to be responsive to local needs, interests and values than those stations owned and operated by national networks. Indeed many local stations are small businesses that drive innovative competition. A system of concentrated station ownership will trend toward nationalized programming aimed primarily at maximizing revenue with less concern for local interests and less room for competition. For these reasons, I urge the Commission to maintain the National Television Ownership Rule at 35 percent and to protect local and independent voices in television.

The Commission is also considering loosening restrictions on cross-ownership of broadcast stations and newspapers within single markets. The cross-ownership rule is intended to increase or at least maintain the number of independent editorial voices in a community. This is especially important in smaller communities where citizens have fewer media operations covering local matters. While there is scant evidence that weakening this rule will result in significant economic benefit, leading academics and media experts have argued that doing so will dangerously reduce the venues for independent public discourse. I urge the Commission to maintain the newspaper/broadcast cross-ownership rule to protect diversity, competition and localism.

I am also concerned with the process by which the FCC conducted these proceedings. The media ownership rulemaking is among the most important the FCC has undertaken, and it has garnered unprecedented public interest. Despite this, it appears the Commission is prepared to loosen ownership rules without first taking public comment on a specific proposal. While the Commission's efforts to collect and review comment on current rules has value, it is insufficient. All parties concerned would be better served if the Commission published a specific proposal and then allowed for a period of public comment before promulgating any rule changes. I urge the Commission to delay any change to the media ownership rules until it has published a specific proposal and taken public comment.

The Commission's first responsibility is to ensure diversity, competition and localism. The Commission has no responsibility to facilitate the business plans of the major networks or any other narrow economic interest. I urge you to protect the public interest and reject any proposal that will accelerate media consolidation, at least until a specific Commission proposal is published, its consequences are understood, and the public has the opportunity to comment. Thank you for your consideration.

Sincerely,

John F. Kerry